Coleman, et al v. Schwarzenegger, et al

Filing 4023

ORDER signed by Senior Judge Lawrence K. Karlton on 6/15/2011 ORDERING that the Court extends the stay of all attorneys' fees, costs and expense matters related to the Three-Judge Panel, and related appeals, including the proceedings before the Supreme Court of the United States, until 8/26/2011, with pltfs application for fees, costs and expenses due 60 days thereafter; pltfs have preserved and do not waive their right to claim interest in accordance with the provisions set forth in the 3/ 19/1996 Coleman Periodic Fees order 673 ; dfts do not waive any rights or arguments to object to any and all fees and costs or to appeal any order regarding fees and costs arising out of the Three-Judge Panel proceedings or related appeals. For the duration of the stay, any and all deadlines relating to motions or claims for attys' fees, costs, and expenses contained in the FRAP Rules, the U.S. Supreme Court Rules, and/or the Local Rules for the EDCA do not apply.(Reader, L)(Reader, L)

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1 MICHAEL W. BIEN – 096891 ERNEST GALVAN – 196065 2 LISA ELLS – 243657 ROSEN, BIEN & GALVAN, LLP 3 315 Montgomery Street, Tenth Floor San Francisco, California 94104-1823 4 Telephone: (415) 433-6830 DONALD SPECTER – 083925 STEVEN FAMA – 099641 PRISON LAW OFFICE 1917 Fifth Street Berkeley, California 94710-1916 Telephone: (510) 280-2621 5 JEFFREY L. BORNSTEIN – 099358 EDWARD P. SANGSTER – 121041 6 RAYMOND E. LOUGHREY – 194363 K&L GATES LLP 7 4 Embarcadero Center, Suite 1200 San Francisco, California 94111-5994 8 Telephone: (415) 882-8200 WARREN E. GEORGE – 053588 BINGHAM MCCUTCHEN LLP Three Embarcadero Center San Francisco, California 94111-4067 Telephone: (415) 393-2000 9 CLAUDIA CENTER – 158255 THE LEGAL AID SOCIETY – 10 EMPLOYMENT LAW CENTER 600 Harrison Street, Suite 120 11 San Francisco, California 94107-1389 Telephone: (415) 864-8848 12 13 Attorneys for Plaintiffs 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 RALPH COLEMAN, et al., Plaintiffs, 19 20 v. 21 EDMUND G. BROWN, JR., et al., 22 23 Defendants. Case No. Civ S 90-0520 LKK_JFM Stipulation and Order to Extend Temporary Stay of All Attorneys’ Fees, Costs, and Expenses Related to Work Before the Three-Judge Panel and the Supreme Court of the United States and Order Thereon Judge: Hon. Lawrence K. Karlton 24 25 26 27 28 [511314-1] Stipulation and Order 1 2 3 4 5 The Parties to the above-captioned case, through their counsel, stipulate as follows: 6 7 1. In the above-captioned case, as well as in Plata v. Schwarzenegger, all 8 matters concerning attorneys’ fees, costs and expenses have been stayed pending the 9 decision of the Supreme Court of the United States in Case No. 09-1233, Brown v. Plata. 10 See Plata Docket 2321, 2344; Coleman Docket 3948, 2977. 11 2. On May 23, 2011, United States Supreme Court issued its decision in Brown 12 v. Plata [and Coleman], ___ U.S. ____, 2011 U.S. LEXIS 4012, affirming the three-judge 13 panel decision. Accordingly, the parties have met and conferred regarding Plaintiffs’ 14 attorneys’ fees, costs, and expenses for both the three-judge panel proceedings and the 15 proceedings before the Supreme Court of the United States. In order to exhaust any 16 possibility of settling these matters, or of narrowing the disputes as much as possible, the 17 parties jointly request additional time to meet and confer. 18 3. The parties request that the Court extend the stay of all attorneys’ fees, costs 19 and expense matters related to the Three-Judge Panel and related appeals, including the 20 appeal to the Supreme Court of the United States and direct the parties to complete their 21 meet and confer process by August 26, 2011, with any motion for fees, costs and expenses 22 due 60 days thereafter. In so doing, plaintiffs do not waive and will enforce their right to 23 interest in accordance with the provisions set forth in the March 19, 1996 Coleman 24 Periodic Fees order. Defendants do not waive any rights or arguments to object to any and 25 all fees and costs or to appeal any order regarding fees and costs arising out of the Three26 Judge Panel proceedings. For the duration of the stay, any and all deadlines relating to 27 motions or claims for attorneys’ fees, costs, and expenses contained in the Federal Civil 28 Rules, the Federal Appellate Rules, the U.S. Supreme Court Rules, and/or the Local Rules [511314-1] 1 Stipulation and Order 1 for the Eastern District of California are stayed. 2 IT IS SO STIPULATED. 3 DATED: June 10, 2011 /s/ David Brice David Brice Deputy Attorney General Attorneys for Coleman Defendants 4 5 6 7 DATED: June 10, 2011 /s/ Ernest Galvan Ernest Galvan Rosen, Bien & Galvan, LLP Attorneys for Plaintiffs 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [511314-1] 2 Stipulation and Order 1 ORDER 2 Pursuant to the stipulation of the parties, and good cause appearing, this Court 3 extends the stay of all attorneys’ fees, costs and expense matters related to the Three-Judge 4 Panel, and related appeals, including the proceedings before the Supreme Court of the 5 United States, until August 26, 2011, with Plaintiffs application for fees, costs and 6 expenses due 60 days thereafter. Plaintiffs have preserved and do not waive their right to 7 claim interest in accordance with the provisions set forth in the March 19, 1996 Coleman 8 Periodic Fees order. Defendants do not waive any rights or arguments to object to any and 9 all fees and costs or to appeal any order regarding fees and costs arising out of the Three10 Judge Panel proceedings or related appeals. For the duration of the stay, any and all 11 deadlines relating to motions or claims for attorneys’ fees, costs, and expenses contained in 12 the Federal Civil Rules, the Federal Appellate Rules, the U.S. Supreme Court Rules, and/or 13 the Local Rules for the Eastern District of California do not apply. 14 15 IT IS SO ORDERED. 16 DATED: June 15, 2011 17 18 19 20 21 22 23 24 25 26 27 28 [511314-1] 3 Stipulation and Order

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